The Business Law Reports
[2013] Bus LR D30
Chancery Division
Bayerische Motoren Werke AG
v
Round and Metal Ltd and another
[2012] EWHC 2099 (Pat)
2012 July 5,
6,
10;
27
Arnold J
Design— Registered design right— Infringement— Claimant car manufacturer owning Community registered designs for car wheels— Defendants importing and selling replica wheels essentially identical to claimant’s designs— Claimant bringing infringement action— Article of European Regulation providing that protection afforded by Community registered design not extending to design for component part of complex product used for its repair or to restore its original appearance— Defendants contending that article applying to wheels— Whether relevant features of designs to which article applying excluded from protection or whether article constituting defence for certain infringing acts— Whether applying only where design of component part depending on appearance of complex product— Meaning of “used … for the purposes of repair of that complex product”— Correct method for determining purpose— Whether “original appearance” meaning appearance when car originally manufactured—
Council Regulation (EC) No 6/2002, art 110(1)
This content is available only to subscribers. If you have a subscription to this content, please log in.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.
If not, you can subscribe online, request a free trial, or contact ICLR by email at enquiries@iclr.co.uk or on +44 (0) 207 242 6471 to discuss further options.
JOHs should sign in via eLIS.